12 OCTOBER NEW ZEALAND GAZETTE 3545

(c) the creation of a compliance folder containing:

(i) a declaration of conformity, in the form prescribed in Schedule E of this notice:

(ii) a product description:

(iii) a test report from an accredited testing body, or a technical construction file.

Level of conformity A

Where a product is in a class to which level of conformity A applies, then prior to supplying the product, the supplier must:

(a) ensure, by way of testing by an accredited testing body, that the product conforms with an applicable standard:

(b) submit to the Chief Executive a declaration of conformity, in the form prescribed in Schedule F of this notice, completed by the supplier:

(c) not label the product.

6. Labelling of products

(a) For the purposes of regulation 32(1)(e):

(i) the label on any product must consist of a compliance mark in conjunction with a supplier identification:

(ii) the label on any product must be durably applied on the external surface of the product as near as is possible to the model identification. Where this is not possible due to the size or nature of the product, the label may be placed on the packaging or warranty or instructions for the product:

(iii) the label on any product may be reproduced in any colour provided that there is sufficient contrast with the background colour or relief:

(iv) the label on any product may also be placed on promotional material associated with the product:

(v) the compliance mark on any label must be no smaller than 3mm in diameter and the supplier identification characters must be no less than 1mm in height:

(vi) no variations are permitted to a compliance mark.

(b) If the labelling of a product in accordance with the requirements of clause 6(a) is not possible, the supplier must obtain a written exemption from the Chief Executive before supplying the product.

(c) If a supplier is labelling a product with the RCM compliance mark, the supplier must comply with the requirements of AS/NZS 4417.

7. Compliance folder

(a) For the purposes of regulation 32(1)(g), a compliance folder consists of the following documents in English:

(i) a completed and signed declaration of conformity, as prescribed in Schedule E of this notice:

(ii) a product description:

(iii) a test report:

(iv) a signed statement, in regard to any variants of the product, that the variations do not alter the electromagnetic compatibility characteristics of the product.

(b) A compliance folder:

(i) must, at the written request of the Chief Executive, be made available by the supplier in written form within 10 working days of the request being made:

(ii) may be kept in an electronic form:

(iii) must, if available only in written form, be held at the supplier’s place of business in New Zealand:

(iv) must be retained by the supplier for a period of 5 years from the date on which the product ceases to be supplied by the supplier.

(c) Strict compliance with prescribed forms is not necessary, and substantial compliance, or such compliance as the particular circumstances of the case allow, is sufficient.

8. Returns in respect of radio transmitters

For the purposes of regulation 19(2), holders of a licence to supply radio transmitters, granted under regulation 18, are not required to supply returns for the classes of transmitters specified in Schedule D of this notice.

9. Revocation of notice

(a) All notices made pursuant to regulation 41 of the Radiocommunications (Radio) Regulations 1993 are hereby revoked.

(b) Notwithstanding the revocation of the notices set out in clause 9(a), every product that is compliant with the requirements of those notices on 11 October is deemed to be compliant with the requirements of this notice.